The Biological Diversity Act in India came into effect in 2022. It aims to conserve the biological diversity of India. The act attempts to enshrine the 1992 CBD- the United Nations Convention on Biological Diversity. It recognizes the rights of the states to use their biological resources.
The Biological Diversity Act aims to conserve the various biological resources and their related knowledge with careful use. It also aims to facilitate careful access to them sustainably.
There is a National Biodiversity Authority, a statutory autonomous body, to implement this act. Its headquarters is in Chennai and works under the Ministry of Environment & Forests of the Government of India.
Main Features of the Biological Diversity Act
Regulates access to various biological resources of the country and ensures fair sharing of benefits from their use.
It promotes the conservation and sustainable usage of these resources.
Set up National Biodiversity Authority (NBA), State Biodiversity Boards (SBB), and Biodiversity Management Committees (BMCs) to monitor biodiversity-related affairs and make necessary decisions.
The Act respects and protects traditional knowledge of local and tribal communities regarding biodiversity.
The act also ensures the sharing of benefits with local communities for conserving biological resources and having knowledge about them.
Controls the access for foreign nationals and organizations to biological resources or related knowledge by enforcing approval from the NBA.
Even Indian scientists need the NBA’s approval to transfer research results to foreign entities.
The act can designate specific areas as biological diversity heritage sites to conserve and develop them.
It provides provisions for protecting and rehabilitating endangered and threatened species.
Indian industries must also get prior approval from SBB to access the resources since SBB can restrict access, in case of any violations.
Moreover, any invention related to the bioresources in India requires prior approval from the NBA under Intellectual Property Rights.